Students accused of rape indicted by grand jury

Published: Thursday, February 28, 2013 at 5:51 p.m.

Last Modified: Thursday, February 28, 2013 at 5:51 p.m.

Four high school students accused of raping a classmate at a party in December were indicted by a grand jury Tuesday on charges of second-degree rape.

They are scheduled to appear in Henderson County Superior Court on March 25.

One of the accused, 17-year-old Justin Wesley Ponder, also faces a misdemeanor charge of first-degree trespass for entering and remaining on the premises of East Henderson High, which he attended at the time of his arrest in December.

Ponder has since been banned from the school and was arrested Jan. 14 when he entered the premise, according to an arrest warrant.

All four students attended East Henderson High in December. They face a minimum of 17-and-a-half years to a maximum of 21 years and 9 months in the Department of Corrections if convicted of second-degree rape.

School officials could not be reached for a comment Thursday about the trespassing charge.

The victim, who is 16, told investigators with the Henderson County Sheriff’s Office that she was in and out of consciousness on a couch while three of her classmates raped her at the party, where alcohol was consumed.

The suspects told detectives that they had sex with the victim, but said it was consensual, according to warrants.

Attorney Roy Neill was hired to represent Garren in December. Public defender Scott Sheffron has been appointed to represent Ponder. Curto was granted representation from public defender Tyler Ray. Attorney Jack Stewart is leading the defense for Bishop.

<p>Four high school students accused of raping a classmate at a party in December were indicted by a grand jury Tuesday on charges of second-degree rape. </p><p>They are scheduled to appear in Henderson County Superior Court on March 25.</p><p>One of the accused, 17-year-old Justin Wesley Ponder, also faces a misdemeanor charge of first-degree trespass for entering and remaining on the premises of East Henderson High, which he attended at the time of his arrest in December. </p><p>Ponder has since been banned from the school and was arrested Jan. 14 when he entered the premise, according to an arrest warrant. </p><p>All four students attended East Henderson High in December. They face a minimum of 17-and-a-half years to a maximum of 21 years and 9 months in the Department of Corrections if convicted of second-degree rape.</p><p>Charged are Tyler Scott Garren, 16, of 140 Cow House Road, Hendersonville; James Matthew Bishop, 17, of 16 Wildwood Forest Lane, Mills River; Vincent Joseph Curto, 17, of 687 Oak Grove Road, Flat Rock; and Ponder, of 85 Relaxing View Drive, Fletcher.</p><p>School officials could not be reached for a comment Thursday about the trespassing charge.</p><p>The victim, who is 16, told investigators with the Henderson County Sheriff's Office that she was in and out of consciousness on a couch while three of her classmates raped her at the party, where alcohol was consumed. </p><p>The suspects told detectives that they had sex with the victim, but said it was consensual, according to warrants.</p><p>Attorney Roy Neill was hired to represent Garren in December. Public defender Scott Sheffron has been appointed to represent Ponder. Curto was granted representation from public defender Tyler Ray. Attorney Jack Stewart is leading the defense for Bishop.</p><p>Reach Weaver at emily.weaver@blueridgenow.com or 828-694-7867.</p>